Q: How long can a county hold you in jail for a FTA warrent?
My friend has been in jail since the 19th of Dec for a FTA warrent he didn't know he had, so he was arrested and taken to clinch county, due to the storm yesterday they canceled court, and now they won't see anyone until Feb. He also has a hold for another county for probation violation in coffee and he can't get that handled as long as he's waiting for the FTA to be heard. What can he do to get this moving faster in hopes he will return to his job in March? Is this legal for them to hold people without seeing a Judge this long or longer then 30 days?
A:
In Georgia, the time a person can be held in jail without seeing a judge after an arrest varies. While there is a general expectation that an individual should be brought before a judge within 48 hours of arrest, certain circumstances, such as court closures or delays, can extend this period. In your friend's case, the delay due to the storm and the subsequent court cancellation may have contributed to the prolonged detention.
To expedite the process, your friend should work with his attorney to file a motion for an expedited hearing or address the FTA warrant as quickly as possible. The probation violation hold in another county further complicates the situation, and his attorney should be actively involved in addressing both matters.
A:
It's concerning to hear about your friend's situation. In the United States, the length of time a county can hold someone in jail for a Failure to Appear (FTA) warrant varies based on local laws and the specifics of the case. However, it is generally expected that an individual should be brought before a judge within a reasonable time frame, which often means within 72 hours of arrest, excluding weekends and holidays.
Delays can happen, especially in situations like severe weather or other unforeseen circumstances. Yet, extended delays without a court appearance could potentially raise concerns regarding due process rights. It's important for your friend or someone on his behalf to reach out to a public defender or a private attorney. They can provide specific legal advice, file motions for a speedy trial or a bail hearing, and communicate with the court about expediting the process.
Regarding the probation violation hold, resolving the FTA warrant might be necessary before addressing the probation issue in the other county. An attorney can also assist in coordinating these matters to ensure that your friend's case moves forward as efficiently as possible.
Remember, each situation is unique, and legal advice should be tailored to the specifics of your friend's case.
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